COA: Don’t include sales tax in forfeiture calculation
The Indiana Court of Appeals ruled Thursday that a trial court erred in adding sales tax to the value of goods stolen, which allowed the state to seize the car used by the thief.
Theft
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Attorney sentenced to 8 years for theft
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
Supreme Court rules on habitual-offender filing issue
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
Appellate court affirms juvenile committed theft, burglary
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
Judges refuse to create another intoxication defense
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
Attorney faces theft and forgery charges
An Indianapolis attorney and accountant has been charged with theft and forgery after an investigation revealed the attorney had misappropriated nearly $600,000 in funds from a guardianship account and a family trust account.
High court reverses habitual offender enhancement
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
COA upholds attorney’s 11-year sentence
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
Trial court used wrong legal standard in revoking probation
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
COA orders new trial in utility theft case
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
Man not prejudiced by counsel’s deficient performance
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
Judges uphold theft charge against man
On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.
COA rules on man’s theft conviction for third time
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
Indiana Supreme Court takes 3 cases; denies 27
The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.
Judge: Man did not knowingly waive right to counsel
An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.
COA to hear arguments in trademark case at Merrillville High School
The Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case on appeal from Huntington Circuit Court.
Lawyer sentenced for theft, corrupt business practice
A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.
Judges uphold identity thief’s sentence
In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.
Federal identity theft statute includes use of deceased’s identity
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who
is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
COA discusses jury-selection procedures
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.